This guide is maintained as a current resource for November 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to non‑molestation orders in England and Wales during divorce or separation. Explains what they are, who can apply, how to apply (including emergency orders), how courts decide, duration and extensions, enforcement of breaches and how these protections work alongside wider family law disputes.
When individuals are experiencing or have experienced domestic abuse during divorce or separation, the family justice system can provide urgent and effective legal protection. One of the primary protections available is a non‑molestation order, a type of injunction that prevents another person from engaging in harmful behaviour towards the applicant or their children. This article explains how non‑molestation orders work, who can apply, how to apply, what courts consider, time limits, enforcement and common questions. All information reflects current rules and procedures under the Family Law Act 1996 and related legal practice in England and Wales.
What Is a Non‑Molestation Order?
A non‑molestation order is a family court injunction designed to protect a person (and often their children) from abusive or threatening behaviour by another individual. The order prohibits the respondent from doing specific acts that could harm, intimidate, harass or distress the applicant. Non‑molestation orders are a civil order but breach of the order is a criminal offence in itself and can lead to arrest and prosecution.
Behaviour that non‑molestation orders can prohibit includes:
- Physical violence or threats of violence;
- Harassment, intimidation, pestering or controlling behaviour;
- Unwanted contact through phone calls, texts, emails, social media or third parties;
- Attending or approaching the applicant's home, workplace, school or other specified locations.
The aim is to safeguard the applicant's health, safety and wellbeing, as well as that of any children who might be at risk.
Who Can Apply for a Non‑Molestation Order
Not everyone can apply for a non‑molestation order; applicants must generally be “associated persons” with the respondent. This includes people in certain relationships where domestic abuse may occur. Typical categories include:
- Current or former spouses and civil partners;
- Current or former partners in an intimate relationship of significant duration (cohabitants or past cohabitants);
- People who have lived in the same household;
- Family members such as parents, siblings or others in a close family relationship;
- People with whom the applicant shares parental responsibility for a child.
Children aged 16 or over can usually apply in their own right; younger children may require the court's permission and a representative.
How to Apply for a Non‑Molestation Order
1. Starting the Application
Applications are usually made to the family court using form FL401 (without fee). Supporting documents such as a witness statement explaining the abusive behaviour and why protection is required must accompany the application. There are several ways to submit an application: online through court services, by email or post, or in person at court.
2. Emergency (Without Notice) Orders
In situations where there is immediate risk of harm, the applicant can request an emergency order (without notice). This means the application can be made without telling the respondent beforehand, so that protection is in place quickly. A hearing will usually be scheduled promptly and the applicant must attend. The court may grant a without notice order where delay could increase the risk of harm.
After an emergency order is made, the respondent must be served with the order and given an opportunity at a return hearing to challenge it if they wish.
3. Standard (On Notice) Application
In less urgent cases, the application is made on notice to the respondent, meaning the other party is informed and is invited to attend a hearing where both sides can present evidence. Evidence may include text messages, police reports, medical records, witness statements or other documentation illustrating abusive behaviour. Courts assess applications on the balance of probabilities - the civil standard of proof - not the higher criminal standard.
What the Court Considers
Before granting a non‑molestation order, the court reviews all circumstances of the case, focusing on the safety of the applicant and any relevant children. Courts evaluate whether there is a real need for judicial intervention to prevent further harm, harassment or intimidation. Courts tailor the terms of the order to the specific context, which may include:
- Prohibiting certain behaviours (contact, harassment, threats);
- Restricting proximity to the applicant's home or other specified locations;
- Directing how communications are permitted (for example, only through legal representatives).
The court's primary aim is to protect health, safety and wellbeing rather than to punish past behaviour. Orders are typically time‑limited, often granted for between six and 12 months, but they can be extended if protection is still needed.
Duration, Extensions and Variations
Non‑molestation orders usually run for an initial fixed period, such as six or 12 months. Before an order expires, the applicant can ask the court to extend it if the risk continues. Each application for extension must demonstrate that ongoing protection remains necessary. If the order has already expired, a new application must be made.
The terms of an existing order can also be varied if circumstances change, with both applicants and respondents able to apply to modify provisions during the term of the order.
Enforcement and Breach
A key feature of non‑molestation orders is that breach is a criminal offence. Once the order is in place, the police should be notified and will have the authority to enforce it. If the respondent breaches the terms - for example by contacting the applicant despite a prohibition - they can be arrested and prosecuted. Penalties may include imprisonment or fines.
In addition to criminal enforcement, the applicant can return to the family court to ask for further protective measures or sanctions if breaches occur.
Interaction With Divorce and Separation
Non‑molestation orders are often sought during divorce or separation proceedings when there are domestic abuse concerns. They can be made as standalone protections or alongside other family law matters such as child arrangements orders or financial remedies. Courts may consider non‑molestation orders as part of broader family law cases to ensure that proceedings are conducted safely and do not expose victims or children to further harm.
Applicants can include requests for non‑molestation orders in associated court applications if the behaviours giving rise to protection concerns are relevant to ongoing disputes. Because non‑molestation orders are civil injunctions, they operate independently of criminal charges; a civil injunction can be granted even if the respondent has not been criminally prosecuted for abuse.
Practical Considerations and Support
Evidence and Documentation
Successful applications depend on clear documentation of behaviour that justifies protection. This may include messages, photographs, police incident reports, witness statements or medical evidence.
Legal Aid and Support Services
Individuals experiencing domestic abuse may be eligible for legal aid to apply for a non‑molestation order, particularly where there is evidence of abuse or risk of abuse. Support may also be available from charities and domestic abuse services.
Special Measures at Court
If the respondent is present at court hearings, applicants can request special measures such as separate waiting areas or video link appearances to reduce stress or risk of intimidation.
Common Questions
Can a non‑molestation order protect children?
Yes. The order can prohibit the respondent from threatening, harassing or intimidating the applicant's children and can include restrictions around contact or proximity to protect them.
Is there a fee to apply?
There is no court fee to apply for a non‑molestation order, but legal advice may involve solicitor costs. Legal aid may be available.
Can the respondent challenge the order?
Yes. Respondents have the right to attend hearings and contest requirements, especially in on‑notice applications. Emergency orders made without notice must be reviewed at a follow‑up hearing where the respondent can present their case.
Key Takeaways
A non‑molestation order is a powerful legal tool in family law for protecting individuals and their children during divorce or separation when there is abusive, threatening or harassing behaviour. Made under the Family Law Act 1996, these orders prohibit specific conduct by the respondent and are enforceable by police with breach constituting a criminal offence. Applicants must demonstrate a need for protection and the court assesses all circumstances, prioritising safety and wellbeing. Non‑molestation orders can be obtained on an urgent basis or on notice, can be time‑limited and extended as necessary, and often interact with broader family law proceedings to ensure ongoing protection in the context of divorce and separation.
